Ports and waterways safety: Storrow Drive Connector Bridge, Charles River, MA; safety zone,

[Federal Register: March 10, 1999 (Volume 64, Number 46)]

[Rules and Regulations]

[Page 11771-11773]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10mr99-8]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-015]

RIN 2115-AA97

Safety Zone: Storrow Drive Connector Bridge (Central Artery Tunnel Project), Charles River, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 11772]]

the Central Artery Tunnel Project, Storrow Drive Connector Bridge construction on the Charles River. The safety zone temporarily closes all waters of the Charles River between the Gridley Lock and Dam and the western side of the AMTRAK Railroad Bridge while bridge spans for the Storrow Drive Connector Bridge are erected. The safety zone is needed to protect vessels from the hazards posed by bridge construction activities upon a navigable waterway.

EFFECTIVE DATE: This rule is effective from March 1, 1999 through March 14, 1999.

FOR FURTHER INFORMATION CONTACT: ENS Rebecca Montleon, Waterways Management Division, Coast Guard Marine Safety Office Boston, (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation and good cause exists for making it effective in less than 30 days after Federal Register publication. Any delay encountered in this regulation's effective date would be contrary to the public interest since immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with bridge construction activities upon a navigable waterway.

Background and Purpose

As part of the Central artery Tunnel Project, a new bridge, the Storrow Drive Connector Bridge, will be built over the Charles River, Boston MA. Section 1 of the Storrow Drive Connector Bridge, which will be located on the south side of the Charles River between the Gridley Lock and Dam and the AMTRAK Railroad Bridge, is presently under construction. Six bridge spans need to be erected during the construction of Section 1. The spans will be put into place using a crane on a barge and then secured. The crane and barge cannot be shifted by vessel wakes during the securing process. Therefore, a safety zone is necessary to allow the safe erection of the six spans and to protect vessel traffic.

This regulation establishes a safety zone in all waters of the Charles River between the Gridley Lock and Dam and the western side of the AMTRAK Railroad Bridge. This safety zone prevents entry into or movement within this portion of the Charles River. Upon notification from the primary contractor on the project, the Coast Guard will make Marine Safety Information Broadcasts informing mariners of the activation of this safety zone. The expected duration of the safety zone will vary between forty-eight and sixty hours depending upon construction requirements.

Regulatory Evaluation

This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full regulatory evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. There is expected to be minimal recreational and commercial traffic in this area, in part due to the seasonal end of the recreational and tourist boating season. Commercial tour operators have received advance notification of the project and can make alternate arrangements.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule would have a significant economic impact on a substantial number of small entities. ``Small entities'' may include (1) small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) governmental jurisdictions with populations of less than 50,000.

For the reasons discussed in the Regulatory Evaluation above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a significant impact on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612, and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this final rule and concluded that, under Figure 2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation, A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

Regulation

For reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 as follows:

1. The authority citation for part 165 continues to read as follows:

   Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 59 CFR 1.46.

2. Add temporary Sec. 165.T01-015 to read as follows:

   Sec. 165.601-015 Safety Zone: Storrow Drive Connector Bridge (Central Artery Tunnel Project), Charles River, Boston, MA.

   (a) Location. The following area is a safety zone: All waters of the Charles River between the Gridley Lock and Dam and the western side of the AMTRAK Railroad Bridge.

   (b) Effective Date. This section is effective from March 1, 1999 through 14 March 1999.

   (c) Notification. Upon notification from the primary contractor on the Storrow Drive Connector Bridge construction project that a span is ready to be erected, the Coast Guard will make Marine Safety Information Broadcasts informing mariners of the activation of this safety zone. The expected duration of the safety zone will vary between forty-eight and sixty hours depending upon construction requirements.

   (d) Regulations.

   (1) Entry into or movement within this zone is prohibited unless authorized by the COTP Boston.

   (2) All persons and vessels shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.

   (3) The general regulations covering safety zoned in section 165.23 of this part apply.

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   Dated: February 25, 1999. J.L. Grenier, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.

   [FR Doc. 99-5921Filed3-9-99; 8:45 am]

   BILLING CODE 4910-15-M